Definitions
- Defined key terms such as Department, President, Secretary, Board of Foreign Service Administration (BFSA), Committee on Decorum and Investigation (CODI), Office of Personnel and Administrative Services (OPAS), Gender and Development (GAD), disciplining authority, respondent, party adversely affected, Foreign Service ranks, and related entities.
Filing and Computation of Time
- Complaints and pleadings may be filed personally, by registered mail, or through diplomatic pouch.
- Filing date depends on mode received or mailed.
- Time computation excludes the day the event begins and includes the last day, with adjustments if it falls on weekends or holidays.
Definition and Scope of Administrative Sexual Harassment
- Sexual harassment consists of unwelcome sexual advances, demands, or behaviors in work, training, or educational settings.
- Work-related harassment includes acts used as basis for employment decisions, interference with work performance, or creating hostile environments.
- Education/training-related harassment includes acts affecting grades, honors, stipends, or benefits and creating hostile academic environments.
- Can occur in various places including offices, events, travels, and via communication technologies.
Forms of Administrative Sexual Harassment
- Physical acts: malicious touching, overt sexual advances, lewd gestures.
- Verbal acts: demands for sexual favors, lurid remarks.
- Use of objects, pictures, letters with sexual content.
- Other analogous behaviors.
Liable Parties
- Any DFA personnel under scope can be liable.
- Includes direct perpetrators, those who induce, assist, or cooperate in the commission of sexual harassment.
Committee on Decorum and Investigation (CODI)
- Established at Home Office, RCOs, FSPs, and Honorary Consulates where possible.
- Functions: receive complaints, investigate, report findings to BFSA, conduct agency discussions on sexual harassment, recommend measures for prevention, and formulate internal rules.
- Composition includes representatives from OLA, OPAS, GAD, DFA employee associations, and attached agencies.
- Members with conflict of interest shall be replaced.
Pre-Filing Procedures
- GAD provides assistance mechanisms to victims including counseling, referrals, and advisory services before formal filing.
Procedural Requirements for Handling Complaints
- Complaints must be written, signed, sworn, and include specific information and evidence; otherwise dismissed without prejudice.
- Counter-affidavits must be filed within three days.
- Preliminary investigation conducted within fifteen working days to determine prima facie case.
- CODI submits preliminary investigation report with recommendations to BFSA.
- BFSA decides whether to issue formal charges.
- Formal charge contains detailed allegations, evidence, timeline for response, and advisories on counsel.
- Respondent has three days to answer; failure results in waiver of defense right.
- Preventive suspension can be ordered pending formal investigation.
- Suspension duration limited to 90 days unless delayed by respondent.
- Formal investigation and hearings conducted with procedures for evidence presentation, subpoenas, appearances, objections, and records.
- Parties may file motions and pleadings but delay tactics are discouraged.
- Decisions rendered by BFSA and Secretary based on rank; President decides on higher-ranked officers.
- Decisions become final 15 days after service if no reconsideration or appeal is filed.
Remedies and Appeals
- Motion for reconsideration allowed on grounds of new evidence, lack of evidence support, or legal errors within 15 days.
- Only one motion for reconsideration is entertained.
- Filing a motion temporarily stays execution of decision.
- Decisions by Secretary appealable to Civil Service Commission (CSC) within 15 days.
- CSC remands handled with prescribed procedures; cases must be resolved within three months.
- Final appeals to Court of Appeals available for decisions by President or CSC.
- Appeals generally do not stay execution except preventive suspension status considered active.
Classification of Administrative Sexual Harassment Acts
- Grave offenses: unwanted touching of private parts, sexual assault, malicious touching, quid pro quo demands related to employment or benefits.
- Less grave offenses: unwanted brushing, pinching, derogatory remarks, verbal sexual threats.
- Light offenses: leering, inappropriate jokes or messages, offensive gestures, unwelcome sexual advances or calls.
Penalties
- Neglect of duty charges for officials failing to act on complaints within 15 days.
- Penalties for light offenses: reprimand, fine or suspension (up to 30 days), dismissal.
- Penalties for less grave offenses: fine or suspension (30 days to 6 months), dismissal.
- Penalties for grave offenses: fine or suspension (6 months to 1 year), dismissal.
- Multiple offenses: highest applicable penalty imposed with others as aggravating circumstances.
Roles of OPAS, GAD, and Foreign Service Institute
- Develop education and training programs to raise awareness, prevent harassment, and ensure proper handling of cases.
Forum Shopping Prohibition
- Filing under these Rules precludes filing administrative complaints under other laws for the same facts.
Prescription
- Administrative sexual harassment offenses prescribe after three years from commission.
Effectivity and Repealing Clause
- These Rules take effect 15 days after publication.
- Inconsistent rules and issuances are repealed or modified accordingly.